How to Spot and Respond to Bad-Faith N12 Evictions in Newfoundland and Labrador

In Newfoundland and Labrador, receiving an eviction notice—especially an N12 notice—can be intimidating and stressful for tenants. Understanding your rights and recognizing the signs of a bad-faith eviction can help protect your home and promote fair treatment by landlords. This guide explains N12 evictions, what bad-faith means, how to challenge questionable notices, and where to get tenant support in Newfoundland and Labrador.

What Is an N12 Eviction in Newfoundland and Labrador?

While "N12" notices are more specific to Ontario's system, in Newfoundland and Labrador, landlords may end a tenancy if they genuinely intend to move in themselves or for one of several legitimate reasons outlined in the Residential Tenancies Act, 2018.^[1] Similar to N12, local law requires landlords to serve notice with clear reasons, and tenants have safeguards against bad-faith claims.

Understanding Bad-Faith Evictions

A "bad-faith eviction" happens when a landlord claims they or a close family member will move into your unit—or gives another legal reason—but does not genuinely plan to follow through. For example: serving notice to evict a tenant, only to rent out the property to someone else or increase the rent afterward. This is not allowed under Newfoundland and Labrador law and can be challenged.

Your Rights as a Tenant in Newfoundland and Labrador

Tenants in Newfoundland and Labrador are protected by the Residential Tenancies Act, 2018.^[1] Landlords must provide valid notice, use the proper forms, and prove their claim if challenged. You do not have to move out immediately when you receive a notice—you may dispute it through official channels.

• Notice must be in writing detailing the reason, proposed move-out date, and your right to contest.
• Landlords cannot falsely use "personal use" as a reason if they intend to re-rent the unit or resell soon after.
• Tenants have a right to a fair hearing with the Residential Tenancies Office if they believe the notice is not in good faith.^[2]

Recognizing Signs of Bad-Faith "Personal Use" Evictions

• Landlord re-lists the unit or advertises for new tenants right after you leave
• The unit is left empty or quickly renovated and re-rented at a higher price
• Landlord or family never moves in as claimed

If you suspect your eviction is in bad faith, start documenting all communications and evidence right away.

Steps to Respond to a Suspicious Eviction Notice

Act quickly but calmly if you believe your eviction notice may be in bad faith. Here are steps to follow:

• Review the notice: Ensure it states the reason and timeline clearly. Does it match legal grounds?
• Consult official resources: Refer to the Tenant Rights and Landlord Rights in Newfoundland and Labrador for current laws and processes.
• Contact the Residential Tenancies Office: You may apply for a hearing using the official Application for Dispute Resolution (Form 12).
• Gather evidence: Keep copies of the notice, relevant correspondence, and observations after moving out.

Timelines for contesting an eviction can be short—respond promptly and ask for assistance if confused.

Key Forms for Tenants

• Notice of Termination (by landlord): Used when a landlord intends to end a tenancy for reasons like personal use. Details must be clear and truthful.
  Official info: Rental Forms, Residential Tenancies NL
• Application for Dispute Resolution (Form 12): Submit this to the Residential Tenancies Office if you believe your eviction notice is improper or in bad faith.
  Download: Form 12 – Application for Dispute Resolution (PDF)

Example: If you’re told your landlord needs the unit for personal use but then see it listed for re-rent, you should file Form 12 with supporting documentation (screenshots, ads, correspondence).

How Tenants Can Protect Themselves

Practical steps help tenants prepare for and fight bad-faith evictions:

• Keep records of rent payments, inspection reports, and any landlord communications (Obligations of Landlords and Tenants: Rights and Responsibilities Explained)
• Know your rights at every stage—after signing, during tenancy, and when moving out
• If you need a new place unexpectedly, Find rental homes across Canada on Houseme

Being informed and proactive can reduce stress and improve outcomes during a difficult transition.

FAQ: Bad-Faith Evictions in Newfoundland and Labrador

1. What should I do if I suspect a bad-faith eviction?
   Start by documenting everything, then contact the Residential Tenancies Office to discuss your options for dispute resolution.
2. What evidence do I need for a hearing?
   Keep a copy of the notice, correspondence, and proof (such as online ads) if the landlord re-rents the unit or never moves in as claimed.
3. Can I stay in my unit if I dispute the eviction notice?
   You may remain until the dispute is resolved, unless ordered otherwise by the tribunal.
4. Where can I read about my rights as a tenant?
   Check Tenant Rights and Landlord Rights in Newfoundland and Labrador for a helpful summary.
5. What penalties do landlords face for bad-faith evictions?
   If proven, the tribunal can order compensation to the tenant and may deny the landlord's application to end tenancy.

Conclusion: Protecting Your Home and Rights

• Know your rights when receiving an eviction notice and seek help immediately if you suspect bad faith.
• Always use official forms and keep thorough records to support your case.
• Contact the Residential Tenancies Office or a tenant advocate for personalized advice or dispute resolution.

Need Help? Resources for Tenants

• Residential Tenancies Office (RTO): Official RTO portal, help with forms and hearings
• Forms & Legal Info: Rental Forms (NL), downloadable notices and dispute forms
• Provincial Facts: Tenant Rights and Landlord Rights in Newfoundland and Labrador – key rules and local contacts
• Emergency Housing Help: Call 811 or visit provincial Social Development agencies if you need urgent housing support

---

1. [1] Residential Tenancies Act, 2018 (Newfoundland and Labrador)
2. [2] Residential Tenancies Office – Government of Newfoundland and Labrador

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy